HON. RICHARD AKUOKO ADIYA & ANOTHER v. AKWASI ADUSEI & ANOTHER
May 29, 2014
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI J.A. (PRESIDING)
- IRENE C. DANQUAH J.A.
- TANKO I. O. AMADU J.A
Areas of Law
- Civil Procedure
- Constitutional Law
May 29, 2014
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
At the Court of Appeal, Justice E. K. Ayebi (presiding) issued concurring reasons in an election dispute over the Ahafo Ano North parliamentary seat. Honourable Richard Akuoko Adiya of the NPP challenged the Electoral Commissions declaration of Honourable Akwasi (Kwasi) Adusei of the NDC as winner, alleging irregularities. The appeal turned on strict compliance with section 18 of PNDC Law 284: within 21 days of Gazette publication, the petition must be filed, security for costs must be fixed by the High Court, and that security must be paid, with no extension permitted. Although Adiya filed the petition and security motion within time, the hearing occurred on 15 January 2013 and payment on 18 January 2013, after the 21-day period ended on 14 January 2013. Rejecting reliance on the Interpretation Act, Public Holidays Act, and C.I. 47 to extend time, the Court held the petition invalid, set aside the High Courts ruling, and dismissed the petition.
JUDGMENT
AYEBI J.A.
1. I have had the opportunity to read beforehand the opinion just delivered by brother Tanko JA. I find the opinion very detailed as to the narration of the facts and the evaluation thereof. I most respectfully concur with it and do hereby state my opinion briefly.
2. This is an election petition launched on 28th December 2013 by Honourable Richard Akuoko Adiya, New Patriotic Party (NPP) parliamentary candidate for Ahafo Ano North Constituency against the declaration of Honourable Akwasi Adusei as the elected member of parliament for the Ahafo Ano North Constituency by the Electoral Commission in the 7th December presidential and parliamentary election.
3. As indicated in the title of the petition, election petitions are regulated by the provisions of the Constitution, 1992 and the Representation of the People Law, 1992 (PNDC Law 284). As regards petition against the election of a person as a parliamentary candidate, Article 99(1) of the Constitution provides that:
“The High Court shall have jurisdiction to hear and determine any question whether –
(a) a person has been validly elected as a member of parliament or the seat of a member has become vacant …”
The method of questioning an election is provided for in section 16(1) of PNDC Law 284 as amended as follows:
“The validity of an election to Parliament may be questioned only by a petition under section 26”.
On the time for presentation of petition, Section 18 of PNDC Law 284 provides that:
“(1) An election petition shall be presented within twenty-one days after the date of the publication in the Gazette of the result of the election to which it relates, but a petition questioning an election on an allegation of corrupt practice and specifically alleging a payment of money or any other award to have been made by the person whose election is questioned or to have been made on behalf of and to that person’s knowledge, may be presented within twenty-one days after the date of the alleged payment.
(2) The presentation of an election petition under subsection (1) is not valid unless within the time specified in subsection (1), the petitioner gives as security for costs an amount of money determined by the High Court.
(3) The time provided by this section for presentation of an election petition shall not be extended”.
4. Following the declaration of the result of the election held on 7th December 2012 in which Hon. Kwasi Adusei emerged as the winner on the ticket of the N